[Federal Register Volume 68, Number 164 (Monday, August 25, 2003)]
[Proposed Rules]
[Pages 50993-50998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21616]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 03-123; FCC 03-112]


Telecommunication Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks comment on technological advancements that 
may further the statutory goal of functionally equivalent 
Telecommunications Relay Services (TRS) for persons with hearing and 
speech disabilities, including comment on whether TRS facilities should 
have the same National Security Emergency Preparedness (NS/EP) 
designation as local exchange carriers under the Telecommunications 
Service Priority (TSP) System to ensure that persons with hearing and 
speech disabilities have access to telecommunications services during 
time of local, national, or international crisis.

DATES: Comments are due on or before September 24, 2003 and reply 
comments are due on or before October 9, 2003. Written comments by the 
public on the proposed information collection are due September 24, 
2003. Written comments must be submitted by the Office of Management 
and Budget

[[Page 50994]]

(OMB) on the proposed information collection on or before October 24, 
2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20054. In addition to filing comments with the 
Secretary, a copy of any comment on the information collection 
contained herein should be submitted to Leslie Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected], and 
to Kim A. Johnson, OMB Desk Officer, Room 10236 NEOB, 725 17th Street, 
NW., Washington, DC 20503 or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Cheryl King, of the Consumer & 
Government Affairs Bureau at (202) 418-2284 (voice), (202) 418-0416 
(TTY) or e-mail [email protected]. For additional information 
concerning the information collection contained in this document, 
contact Leslie Smith at (202) 418-0217 or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This Notice of Proposed Rulemaking (NPRM), 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, 
FCC 03-112, contains proposed information collection(s) subject to the 
Paperwork Reduction Act of 1995 (PRA). It will be submitted to the OMB 
for review under the Paperwork Reduction Act (PRA). OMB, the general 
public, and other Federal agencies are invited to comment on the 
proposed information collection(s) contained in this proceeding. This 
is a summary of the Commission's NPRM, adopted May 15, 2003, and 
released June 17, 2003. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, 
May 1, 1998. Comments filed through the ECFS can be sent as an 
electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic submission must be 
filed. If multiple docket or rulemaking numbers appear in the caption 
of this proceeding, however, commenters must transmit one electronic 
copy of the comments to each docket or rulemaking number referenced in 
the caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions 
will be sent in reply. Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, commenters 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Services mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). The Commission's contractor, 
Vistronix, Inc., will receive hand-delivered or messenger-delivered 
paper filings for the Commission's Secretary at 236 Massachusetts 
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this 
location are 8 a.m. to 7 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes must be disposed of 
before entering the building. Commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) must be sent to 
9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service 
first-class mail, Express Mail, and Priority Mail should be addressed 
to 445 12th Street, SW., Washington, DC 20554. All filings must be 
addressed to the Commission's Secretary, Marlene H. Dortch, Office of 
the Secretary, Federal Communications Commission, 445 12th Street, SW., 
Room TW-B204, Washington, DC 20554. Parties who choose to file by paper 
should also submit their comments on diskette. These diskettes should 
be submitted to: Dana Jackson, Federal Communications Commission, 445 
12th Street, SW., Room 6-C410, Washington, DC 20554. Such a submission 
should be on a 3.5 inch diskette formatted in an IBM compatible format 
using Word 97 or compatible software. The diskette should be 
accompanied by a cover letter and should be submitted in ``read only'' 
mode. The diskette should be clearly labeled with the commenter's name, 
proceeding (including the lead docket number in this case, CG Docket 
No. 03-123, type of pleading (comment or reply comment), date of 
submission, and the name of the electronic file on the diskette. The 
label should also include the following phrase ``Disk Copy--Not an 
Original.'' Each diskette should contain only one party's pleadings, 
preferably in a single electronic file. In addition, commenters must 
send diskette copies to the Commission's copy contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. Copies of any subsequently filed documents in 
this matter will be available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The 
complete text of this NPRM may be purchased from the Commission's 
duplication contractor, Qualex International, Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. To request materials 
in accessible formats for people with disabilities (braille, large 
print, electronic files, audio format), send an e-mail to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
(202) 418-0531 (voice), (202) 418-7365 (TTY). This NPRM can also be 
downloaded in Text and ASCII formats at: http://www.fcc.gov/cgb/dro.

Paperwork Reduction Act

    This NPRM contains a proposed information collection. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invited the general public and OMB to comment on the 
information collection(s) contained in this NPRM, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due at the same time as other comments on this NPRM; OMB 
notification of action is due 60 days from date of publication of this 
NPRM in the Federal Register. Comments should address: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    OMB Control Number: 3060-xxxx.
    Title: Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities, CG 
Docket No. 03-123 (NPRM), FCC 03-112.
    Form Number: N/A.
    Type of Review: New Collection.
    Respondents: Business or other for-profit entities.

[[Page 50995]]

    Number of Respondents: 5,053.
    Estimated Time per Response: 5.311 hours (average).
    Frequency of Responses: Recordkeeping; Annual Reporting 
requirement; Third Party disclosure.
    Total Annual Burden: 26,837 hours.
    Total Annual Cost: None.
    Needs and Uses: On June 17, 2003, the FCC released a Notice of 
Proposed Rulemaking (NPRM), which proposed rules in Sec.  
64.604(c)(5)(iii)(F) regarding certification for TRS providers to be 
eligible to receive payments from the Interstate TRS Fund. The 
Commission also proposed to revise Sec.  64.605 of the Commission's 
rules. On June 17, 2003, the Commission also released a Second Report 
and Order, Order on Reconsideration and is seeking OMB approval for the 
new collection on the final rule Sec.  64.604(a)(3) and (c)(2) in that 
Second Report and Order. See Telecommunication Relay Services and 
Speech-to-Speech for Individuals with Hearing and Speech Disabilities, 
CC Docket No. 98-67, (Report and Order), FCC 03-112.

Synopsis

    In this NPRM, the Commission seeks comment on whether TRS and TRS 
facilities should receive a National Security and Emergency 
Preparedness (NS/EP) Priority Status commensurate with that given to 
local exchange carrier (LEC) facilities. The Commission also requests 
comment on TRS mandatory minimum standards regarding confidentiality 
requirements and encryption for IP Relay TRS calls. The Commission 
seeks comment on whether TRS should employ a non-shared language 
translation service, and on amending its call set-up rules for various 
types of TRS calls. The NPRM also seeks comment on technological 
advances that may improve the functional equivalency of TRS, and on 
outreach efforts that may benefit TRS consumers. Finally, the NPRM 
seeks comment on whether the Commission should institute a 
certification process for providers of IP Relay, VRS, and any other 
technology that does not fit into the statutorily-mandated 
jurisdictional separation of intrastate and interstate. The intent of 
these proposed rules is to improve TRS services and the Commission's 
oversight of certified state TRS programs.

Initial Regulatory Flexibility Analysis (IRFA)

    As required by the Regulatory Flexibility Act (RFA), 5 U.S.C. 603 
et seq, the Commission has prepared this Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in this NPRM. See 5 U.S.C. 
603. We expect that we could certify this action under 5 U.S.C. 605, 
because it appears that only one TRS provider is likely a small entity 
(because it is a non-profit organization). Therefore, there is not a 
substantial number of small entities that may be affected by our 
action. Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the NPRM. The Commission will send a copy of 
the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration. See 5 U.S.C. 603(a). In addition, the 
NPRM and IRFA (or summaries thereof) will be published in the Federal 
Register.

Need for, and Objectives of, the Proposed Rules

    The Commission is issuing this NPRM to seek comment on 
technological advances that could improve TRS. In doing so, the 
Commission intends to improve TRS users consistent with Congress' 
direction ensure that the Commission's regulations encourage the use of 
existing technology and not discourage or impair the development of 
improved technology. 47 U.S.C. 225(d)(2). The Commission also seeks 
public comment on whether its rules should be modified to provide a 
federal certification process for providers of IP Relay and VRS.

Legal Basis

    The authority for actions proposed in this NPRM may be found in 
sections 1, 4(i) and (j), 201-205, 218 and 225 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154 (i), 154(j), 201-205, 218 
and 225.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rule Will Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by rules adopted herein. 5 U.S.C. 604(a)(3). The RFA defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. 5 U.S.C. 601(3) (incorporating by 
reference the definition of ``small business concern'' in 15 U.S.C. 
632). Pursuant to the 5 U.S.C. 601(3), the statutory definition of 
small business applies ``unless an agency, after consultation with the 
Office of Advocacy of the Small Business Administration and after 
opportunity for public comment, establishes one or more definitions of 
such term which are appropriate to the activities of the agency and 
publishes such definition(s) in the Federal Register.'' A small 
business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). 15 U.S.C. 632. A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field. 5 U.S.C. 601(4). Nationwide, as of 1992, there 
were approximately 275,801 small organizations. 1992 Economic Census, 
U.S. Bureau of the Census, Table 6 (special tabulation of data under 
contract to Office of Advocacy of the U.S. Small Business 
Administration). The term ``small governmental jurisdiction'' is 
defined as ``governments of cities, counties, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand. 5 U.S.C. 601(5). As of 1997, there were 
approximately 87,453 governmental jurisdictions in the United States. 
U.S. Census Bureau, Statistical Abstracts of the United States: 2000, 
Section 9, pages 299-300, Tables 490 and 492. This number includes 
39,044 county governments, municipalities, and townships, of which 
37,546 (approximately 96.2%) have populations of fewer than 50,000, and 
1,498 have populations of 50,000 or more. Thus, we estimate the number 
of small governmental jurisdiction overall to be 84,098 or fewer.
    Below, we further describe and estimate the number of small entity 
licensees and regulates that, in theory, may be affected by these 
rules. For some categories, the most reliable source of information 
available at this time is data the Commission publishes in its Trends 
in Telephone Service Report. FCC, Wireline Competition Bureau, Industry 
Analysis and Technology Division, ``Trends in Telephone Service'' at 
Table 5.3, Page 5-5 (May 2002) (Trends in Telephone Service). FCC Web 
site location (see online page 24): http://www.fcc.gov/Bureaus/CommonCarrier/Reports/FCC-StateLink/IAD/trends502.pdf.
    Local Exchange Carriers. We have included small incumbent LECs in 
this present RFA analysis. As noted above, a ``small business'' under 
the RFA is one that, inter alia, meets the pertinent small business 
size standard (e.g., a telephone communications business

[[Page 50996]]

having 1,500 or fewer employees), and ``is not dominant in its field of 
operation.'' 15 U.S.C. 632. The SBA's Office of Advocacy contends that, 
for RFA purposes, small incumbent LECs are not dominant in their field 
of operation because any such dominance is not ``national'' in scope. 
Letter from Jere W. Glover, Chief Counsel for Advocacy, SBA to William 
E. Kennard, Chairman, FCC (May 27, 1999). The Small Business Act 
contains a definition of ``small business concern,'' which the RFA 
incorporates into its own definition of ``small business.'' See 15 
U.S.C 632 (a) (Small Business Act); 5 U.S.C. 601 (3) (RFA). SBA 
regulations interpret ``small business concern'' to include the concept 
of dominance of a national basis. 13 CFR 121.102 (b). We have therefore 
included small incumbent LECs in the RFA analysis, although we 
emphasize that this RFA action has no effect on FCC analyses and 
determinations in other, non-RFA contexts. NAICS code 513310.
    Incumbent Local Exchange Carriers. Neither the Commission nor the 
SBA has developed a small business size standard specifically directed 
toward providers of incumbent local exchange service. The closest 
applicable size standard under the SBA rules is for Wired 
Telecommunications Carriers. 13 CFR 121.201, NAICS Code 517110. This 
provides that such a carrier is small entity if it employs no more than 
1,500 employees. Id. Commission data from 2000 indicate that there are 
1,329 incumbent local exchange carriers, total, with approximately 
1,024 having 1,500 or fewer employees. Trends in Telephone Service at 
Table 5.3. The small carrier number is an estimate and might include 
some carriers that are not independently owned and operated; we are 
therefore unable at this time to estimate with greater precision the 
number of these carriers that would qualify as small businesses under 
SBA's size standard. Consequently, we estimate that there are no more 
than 1,024 ILECS that are small businesses possibly affected by our 
action.
    Interexchange Carriers. Neither the Commission nor the SBA has 
developed a small business size standard specifically directed toward 
providers of interexchange service. The closest applicable size 
standard under the SBA rules is for Wired Telecommunications Carriers. 
13 CFR 121.201, NAICS Code 517110. This provides that such a carrier is 
small entity if it employs no more than 1,500 employees. Commission 
data from 2000 indicate that there are 229 interexchange carriers, 
total, with approximately 181 having 1,500 or fewer employees. Trends 
in Telephone Service at Table 5.3. The small carrier number is an 
estimate and might include some carriers that are not independently 
owned and operated; we are therefore unable at this time to estimate 
with greater precision the number of these carriers that would qualify 
as small businesses under SBA's size standard. Consequently, we 
estimate that there are no more that 181 interexchange carriers that 
are small businesses possibly affected by our action.
    TRS Providers. Neither the Commission nor the SBA has developed a 
definition of ``small entity'' specifically directed toward providers 
of telecommunications relay services (TRS). Again, the closest 
applicable size standard under the SBA rules is for Wired 
Telecommunications Carriers. 13 CFR 121.201, NAICS Code 517110. 
Currently, there are 10 interstate TRS providers, which consist of 
interexchange carriers, local exchange carriers, state-managed 
entities, and non-profit organizations. Approximately five or fewer of 
these entities are small businesses. See National Association for State 
Relay Administration (NASRA) Statistics. These numbers are estimates 
because of recent and pending mergers and partnerships in the 
telecommunications industry. The FCC notes that these providers include 
several large interexchange carriers and incumbent local exchange 
carriers. Some of these large carriers may only provide TRS service in 
a small area but they nevertheless are not small business entities. MCI 
WorldCom, for example, provides TRS in approximately only a few states 
but is not a small business. The FCC estimates that there is at least 
one TRS provider that is a small entity that may be affected by our 
action.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This NPRM seeks comment on a proposal regarding possible 
certification of TRS providers seeking to provide interstate TRS. The 
proposed certification process would mirror an existing certification 
process established for certification of state TRS programs. The 
proposed certification process for interstate TRS providers, if 
implemented, would impose a new requirement to file information with 
the Federal Communications Commission.

Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives: (1) The establishment of 
differing compliance or reporting requirements or timetables that take 
(among others) into account the resources available to small entities; 
(2) the clarification, consolidation, or simplification of compliance 
or reporting requirements under the rule for small entities; (3) the 
use of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities. 5 U.S.C. 603.
    The proposals in the NPRM, and the comments the Commission seeks 
regarding them, are part of the Commission's role with respect to the 
implementation and operation of nationwide TRS for persons with hearing 
and speech disabilities. See, e.g., 47 U.S.C. 225. The guiding 
principle shaping these proposals is Congress' direction to the 
Commission to ensure that TRS keeps pace with advancing technology, 
that the Commission's rules do not discourage the implementation of 
technological advances or improvements, and that TRS provides 
functionally equivalent telecommunications services for persons with 
hearing and speech disabilities. The majority of TRS service is 
provided by large interexchange carriers and incumbent local exchange 
carriers, and we believe that the number of small entities impacted by 
these proposals would be potentially very small. With respect to 
proposed amendments to the Commission's rules governing TRS, by statute 
common carriers (including small entities) providing voice transmission 
services that are subject to the TRS rules may comply with their 
obligations individually, through designees, through competitively 
selected vendors, or in concert with other carriers. 47 U.S.C. 225 (c). 
For this reason, the Commission expects that the proposed rule 
amendments will have a minimal impact on small entities. We seek 
comment on our tentative conclusion.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    It is further ordered that, pursuant to the authority contained in 
sections 1, 2, 4 (i), 4 (j), 225, 303 (r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C 151, 154 (i), 154 (j), 
225, 303 (r), and 403, the notice of proposed rulemaking is adopted.

[[Page 50997]]

    It is further ordered that the Commission's Consumer & Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
notice of proposed rulemaking, including the Initial Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 64

    Individuals with disabilities, Reporting and recordkeeping 
requirements, Telecommunications.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 64 as follows:
    1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); sections 403 (b)(2)(B), (c), 
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 225, 226, 228, and 254(k) unless otherwise noted.

    2. Amend Sec.  64.604 by adding paragraph (c)(5)(iii)(F)(4) to read 
as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (F) * * *
    (4) Interstate TRS providers certified by the Commission pursuant 
to Sec.  64.605.
* * * * *
    3. Revise Sec.  64.605 to read as follows:


Sec.  64.605  State TRS Program Certification and Interstate TRS 
Providers.

    (a) Documentation. (1) State TRS programs. Any state, through its 
office of the governor or other delegated executive office empowered to 
provide TRS, desiring to establish a state program under this section 
shall submit, not later than October 1, 1992, documentation to the 
Commission addressed to the Federal Communications Commission, Chief, 
Consumer & Governmental Affairs Bureau, State TRS Certification 
Program, Washington, DC 20554, and captioned ``TRS State Certification 
Application.'' All documentation shall be submitted in narrative form, 
shall clearly describe the state program for implementing intrastate 
TRS, and the procedures and remedies for enforcing and requirements 
imposed by the state program. The Commission shall give public notice 
of state filing for certification including notification in the Federal 
Register.
    (2) Interstate TRS providers. Any TRS provider desiring to provide 
TRS on an interstate basis, independent from any state TRS program or 
any interstate common carrier, and desiring to establish eligibility to 
provide TRS and receive compensation for providing those services from 
the Interstate TRS Fund, shall submit documentation to the Commission 
addressed to the Federal Communications Commission, Chief, Consumer & 
Governmental Affairs Bureau, Interstate TRS Provider Certification 
Program, Washington, DC 20554, and captioned ``Interstate TRS Provider 
Certification Application.'' All documentation shall be submitted in 
narrative form, and shall clearly describe the forms of TRS to be 
provided (i.e., VRS, STS, IP Relay, traditional text-to-speech TRS) and 
any waivers of mandatory minimum standards deemed necessary to provide 
the aforementioned forms of TRS. The Commission shall give public 
notice of each interstate TRS provider filing for certification 
including notification in the Federal Register.
    (b) Requirements for certification. (1) State TRS programs. After 
review of certification documentation, the Commission shall certify, by 
letter, or order, the state program or interstate TRS provider if the 
Commission determines that the documentation:
    (i) Establishes that the statea program meets or exceeds all 
operational, technical, and functional minimum standards contained in 
Sec.  64.604;
    (ii) Establishes that the state program makes available adequate 
procedures and remedies for enforcing the requirements of the state 
program, including that it makes available to TRS users informational 
materials on state and Commission complaint procedures sufficient for 
users to know the proper procedures for filing complaints; and;
    (iii) Where a state program exceeds the mandatory minimum standards 
contained in Sec.  64.604, the state establishes that its program in no 
way conflicts with federal law.
    (2) Interstate TRS providers. After review of certification 
documentation, the Commission shall certify, by letter, or order, the 
interstate TRS provider if the Commission determines that the 
certification documentation:
    (i) Establishes that the interstate TRS provider meets or exceeds 
all operational, technical, and functional minimum standards contained 
in Sec.  64.604;
    (ii) Establishes that the interstate TRS provider makes available 
adequate procedures and remedies for ensuring compliance with the 
requirements of this section and the mandatory minimum standards 
contained in Sec.  64.604, including the requirement that informational 
materials on complaint procedures sufficient for users to know the 
proper procedures for filing complaints are made available to TRS 
users; and
    (iii) Where the interstate TRS provider exceeds the mandatory 
minimum standards contained in Sec.  64.604, the interstate TRS 
provider establishes that its program and services in no way conflict 
with federal law.
    (c) Certification period. (1) State TRS programs. State 
certification shall remain in effect for five years. One year prior to 
expiration of certification, a state may apply for renewal of its 
certification by filing documentation as prescribed by paragraphs (a) 
and (b) of this section.
    (2) Interstate TRS providers. Certification granted under this 
section shall remain in effect for one year. Providers shall file with 
the Commission, on an annual basis, a report providing evidence that 
they are in compliance with Sec.  64.604. Interstate TRS providers 
shall also file a log of any complaints received, and their disposition 
of such complaints. An interstate TRS provider may apply for renewal of 
its certification by filing documentation to the Commission addressed 
to the Federal Communications Commission, Chief, Disability Rights 
Office, Consumer & Governmental Affairs Bureau, Washington, DC 20554, 
and captioned ``Interstate TRS Provider Re-Certification Application,'' 
as prescribed by paragraphs (a) and (b) of this section.
    (d) Method of funding. Except as provided in Sec.  64.604, the 
Commission shall not refuse to certify a state program based solely on 
the method such state will implement for funding intrastate TRS, but 
funding mechanisms, if labeled, shall be labeled in manner that promote 
national understanding of TRS and do not offend the public.
    (e) Suspension or revocation of certification. (1) State TRS 
programs.
    (i) The Commission may suspend or revoke such certification if, 
after notice of opportunity for hearing, the Commission determines that 
such certification is no longer warranted. In a state whose program has 
been suspended or revoked, the Commission shall take such steps as may 
be necessary, consistent with this subpart, to ensure continuity of 
TRS.

[[Page 50998]]

    (ii) The Commission may, on its own motion, require a certified 
state program to submit documentation demonstrating ongoing compliance 
with the Commission's minimum standards if, for example, the Commission 
received evidence that a state program may not be in compliance with 
the minimum standards.
    (2) Interstate TRS providers. (i) The Commission may suspend or 
revoke certification of an interstate TRS provider if, after notice of 
opportunity for hearing, the Commission determines that such 
certification is no longer warranted. If such certification has been 
suspended or revoked, the Commission shall take such steps as may be 
necessary, consistent with this subpart, to ensure continuity of TRS.
    (ii) The Commission may, on its own motion, require a certified 
interstate TRS provider to submit documentation demonstrating ongoing 
compliance with the Commission's minimum standards if, for example, the 
Commission receives evidence that a certified interstate TRS provider 
may not be in compliance with the minimum standards.
    (f) Notification of substantive change. (1) State TRS Programs. 
States must notify the Commission of substantive changes in their TRS 
programs within 60 days of when they occur, and must certify that the 
state TRS program continues to meet federal minimum standards after 
implementing the substantive change.
    (2) Interstate TRS providers. Interstate TRS providers must notify 
the Commission of substantive changes in their TRS programs, services 
and features within 60 days of when such changes may occur, and must 
certify that the interstate TRS provider continues to meet federal 
minimum standards after implementing the substantive change.

[FR Doc. 03-21616 Filed 8-22-03; 8:45 am]
BILLING CODE 6712-01-P